The final rule, provides clarity and consistency for noncitizens on how DHS will administer the public charge ground of inadmissibility. This final rule restores the historical understanding of a “public charge” that had been in place for decades.
When making a public charge inadmissibility determination under this final rule, DHS will consider an applicant’s “age; health; family status; assets, resources, and financial status; education and skills;” a sufficient Affidavit of Support Under Section 213A of the INA (when one is required); and prior or current receipt of: supplemental Security Income (SSI); cash assistance for income maintenance under Temporary Assistance for Needy Families (TANF); State, Tribal, territorial, or local cash benefit programs for income maintenance (often called “General Assistance”); or long-term institutionalization at government expense.
DHS will not consider receipt of noncash benefits (for example, Supplemental Nutrition Assistance Program, public housing, school lunch programs, etc.) other than long-term institutionalization at government expense.
